(A)
Notwithstanding anything to the contrary in sections 123.20 and
123.21 of the Revised Code,
a state university, the northeast Ohio medical university, or a state community
college may administer any capital facilities project for the construction,
reconstruction, improvement, renovation, enlargement, or alteration of a public
improvement under its jurisdiction for which funds are appropriated by the
general assembly without the supervision, control, or approval of the
Ohio facilities construction commission as
specified in those sections, if all of the following occur:

(1)
The
institution is certified by the commission under section
123.24 of the Revised
Code;

(2)
Within
sixty days after the effective date of the section of an act in which the
general assembly initially makes an appropriation for the project, the board of
trustees of the institution notifies the chancellor of the Ohio board of
regents in writing of its request to administer the capital facilities project
and the chancellor approves that request pursuant to division (B) of this
section;

(3)
The
board of trustees passes a resolution stating its intent to comply with section
153.13 of the Revised Code and the
guidelines established pursuant to section
153.16 of the Revised Code and all
laws that govern the selection of consultants, preparation and approval of
contract documents, receipt of bids, and award of contracts with respect to the
project.

(B)
The
chancellor shall adopt rules in accordance with Chapter 119. of the Revised
Code that establish criteria for the administration by any such institution of
higher education of a capital facilities project for which the general assembly
appropriates funds. The criteria, to be developed with the
commission and higher education representatives
selected by the chancellor, shall include such matters as the adequacy of the
staffing levels and expertise needed for the institution to administer the
project, past performance of the institution in administering such projects,
and the amount of institutional or other nonstate money to be used in financing
the project. The chancellor shall approve the request of any such institution
of higher education that seeks to administer any such capital facilities
project and meets the criteria set forth in the rules and the requirements of
division (A) of this section.

(C)
Any
institution that administers a capital facilities project under this section
shall conduct biennial audits for the duration of the project to ensure that
the institution is complying with Chapters 9., 123., and 153. of the Revised
Code and that the institution is using its certification issued under section
123.24 of the Revised Code
appropriately. The chancellor, in consultation with higher education
representatives selected by the chancellor, shall adopt rules in accordance
with Chapter 119. of the Revised Code that establish criteria for the conduct
of the audits. The criteria shall include documentation necessary to determine
compliance with Chapters 9., 123., and 153. of the Revised Code and a method to
determine whether an institution is using its certification issued under
section 123.24 of the Revised Code
appropriately.

(D)
The
chancellor, in consultation with higher education representatives selected by
the chancellor, shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing criteria for monitoring capital facilities projects
administered by institutions under this section. The criteria shall include the
following:

(1)
Conditions under which the chancellor may revoke the authority of an
institution to administer a capital facilities project under this section,
including the failure of an institution to maintain a sufficient number of
employees who have successfully completed the certification program under
section 123.24 of the Revised
Code;

(2)
A
process for institutions to remedy any problems found by an audit conducted
pursuant to division (C) of this section, including the improper use of state
funds or violations of Chapter 9., 123., or 153. of the Revised Code.

(E)
If the
chancellor revokes an institution's authority to administer a capital
facilities project, the commission
shall administer the capital facilities project. The chancellor also may
require an institution, for which the chancellor revoked authority to
administer a capital facilities project, to acquire a new local administration
competency certification pursuant to section 123.24 of the Revised
Code.